Smith v. Allen
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. T. A. G-ill, Judge. (1) Allen’s letter of November 19, 1879, did not authorize the execution of a contract of sale. Rowan (1) The action is upon a contract, and the question of the authority of an agent to sign the same is one of ' evidence and not of pleading. Stein v. Repy, 46 -Mo. 606. (2) Under the statute of frauds, the note or memorandum could only be signed by the party, “or Ms-agent authorized in writing.”
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Appeal from Jackson Circuit Court. — Hon. T. A. G-ill, Judge. (1) Allen’s letter of November 19, 1879, did not authorize the execution of a contract of sale. Rowan (1) The action is upon a contract, and the question of the authority of an agent to sign the same is one of ' evidence and not of pleading. Stein v. Repy, 46 -Mo. 606. (2) Under the statute of frauds, the note or memorandum could only be signed by the party, “or Ms-agent authorized in writing.” (3) Whether the agent had authority to make the contract was a question of fact. The trial court found that he had authority and the…
1Opinion of the CourtRay, J.
— The defendant, Loren S. Allen, at the date of the principal transaction under consideration, was a resident of Chicago. About, or during the year 1868, he became the owner of certain lots in Kansas City, which are the subject of the present controversy. From that date until about the close of the year 1879, one Webster, a real estate agent in Kansas City, was Allen’s agent to look after said property, to pay the taxes thereon and to find him a purchaser therefor, the same being for sale during said years. The plaintiffs, Smith & Keating, were partners composing a real estate firm, residing…
2Cases cited3 opinions
- Chapman v. McIlwrathSupreme Court of Missouri · 1882
- Lyon v. PollockSupreme Court of the United States · 1879
- Pringle v. SpauldingNew York Supreme Court · 1868
3Cited by10 opinions
- Briggs v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1892
- Loud v. St. Louis Union Trust Co.Supreme Court of Missouri · 1926
- Ingalls Iron Works Company v. IngallsDistrict Court, N.D. Alabama · 1959
- Glass v. RoweSupreme Court of Missouri · 1890
- Donnell v. Currie DohoneyCourt of Appeals of Texas · 1910
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